Allahabad High Court
Ravina Mathur And Another vs State Of U.P. Thru. Prin. Secy. ... on 15 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:33411
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1144 of 2023
Applicant :- Ravina Mathur And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. /Addl Chief Secy. Dept. Of Home Lko. And 2 Others
Counsel for Applicant :- Lalendra Pratap Singh
Counsel for Opposite Party :- G.A.,Gopal Kumar Srivastava
Hon'ble Karunesh Singh Pawar,J.
1.The applicants have moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.0235/2021 under section 380 I.P.C., P.S. Husainganj, district Lucknow, Madhya (Commissionarate Lucknow).
2.Heard learned counsel for the applicants, Mr. Gopal Kumar Srivastava, learned counsel for the bank and learned A.G.A. for the State who has opposed the bail. Notice to respondent No.2 is dispensed with in view of the proposed order.
3. Learned counsel for the applicants submits that the applicant No.1 being the legal heir of her mother who was holder of the bank locker has operated the bank locker in the presence of the employee of the bank. Thereafter, when she again went to operate locker on 3.12.2021, it was found that the jewellery and the document kept therein were missing. Consequently, she lodged a first information report. However, under pressure of the bank officials, instead of implicating the bank employees as accused, charge sheet has been filed against the applicants who have no criminal history. It is submitted that the applicants have cooperated in the investigation and they further undertake that they shall cooperate in the trial.
4. On due consideration to the fact that charge sheet has been filed and the applicants have cooperated in the investigation and they further undertake to cooperate in the trial, the offenc is triable by Magistrate, and without expressing any opinion on the merit of the case, I am of the opinion that the applicants are entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to their cooperation in the trial.
5. In view of the above. the accused applicants Ravina Mathur and Aryan Agrawal are directed to surrender before trial court if they are summoned to face trial for offence in question after filing of the charge sheet. The accused applicants shall be released on anticipatory bail by the trial court, on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) The applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence;
(ii) The applicants shall not leave India without the previous permission of the court;
(iii)The applicants shall not pressurize/ intimidate the prosecution witness;
(iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting anticipatory bail to the applicants shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
6. In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 15.5.2023
kkb/
